logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2016.08.10 2016고단898
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence 1 shall be confiscated.

Reasons

Punishment of the crime

On August 28, 2014, the Defendant was sentenced to imprisonment for one year and four months for the crime of inhaleing hallucinogenic substances in violation of the Chemicals Control Act at the Busan District Court's Dong Branch. On August 26, 2015, the Defendant completed the execution of the sentence at the Busan District Detention Center.

No person shall take in or inhale hallucinogenic substances which cause smoking, hallucination, or anesthesia, or possess them for such purposes.

Nevertheless, around 10:30 on June 12, 2016, the Defendant injected about one hour at the entrance of vinyl paper to which he/she will suffer from hallucinogenic substances, in a mountain-ro, the southnam-gu, Busan, Busan, a mountain-ro, a mountain-ro, an industrial contact to the luxic substances, and then inhaled for about one hour at the entrance of vinyl paper to which he/she will sustain.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (in cases of attaching on-site photographs, such as seized objects), and hallucinogenic substances appraisers;

1. Subparagraph 1 of the seized evidence;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes concerning personal confinement;

1. Article 59 of the relevant Act on criminal facts and Articles 59 subparagraph 6 and 22 (1) of the Chemicals Control Act that choose a punishment (or choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The crime of this case for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act is committed again within the period of repeated crime due to the same crime. The crime of this case is bad in its nature, the crime of inhaleing hallucinogenic substances is highly harmful to the body and body, and the risk of the second crime is high, and thus there is a need for strict punishment.

However, the defendant's recognition of the facts charged and seriously reflects the facts charged, and the defendant's act of inhaleing hallucinogenic substances is to cease through treatment.

It is more favorable to the fact that it is hard to do so.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - Narcotics Crime Group,

arrow